Village Board

MINUTES

VILLAGE OF PELHAM BOARD OF TRUSTEES

REGULAR MEETING, FEBRUARY 24, 2004, 8:00 PM

VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY

AGENDA

1. Call To Order

2. Pledge of Allegiance

3. Mayor’s Report

4. Trustees’ Reports

5. Village Administrator’s Report

6. Public Comment Approximate

StartingTime

# Agenda Items: of Discussion

	Public Hearing	8:00 p.m.
7	Enacting A New Chapter 68 Of The Pelham Village Code, With Regard To Regulations That Limit Noise Within The Village Of Pelham.
	Vehicles and Traffic	9:00 p.m.
8	Amending Village Code Chapter 90, Vehicles and Traffic, by increasing the “No Parking/Stopping/Standing”.area on Highbrook immediately north and south of Boulevard from 65 feet to 80 feet.
	Other Business	9:10 p.m.
9	Authorizing renewal of a Contract the for 2004 Stop-DWI Patrol Project Reimbursement with Westchester County.
10	Authorizing a Notice of a Public Hearing to be held on a draft Local Law with regard to Solid Waste (includes garbage, recycling and litter), to replace Chapters 57 on Litter and 70 on Recycling.
11	Authorizing a Certiorari Judgment and Settlement with regard to 629 5^th Avenue (Sanborn Map Building) for five (5) Tax Years.
12	Authorizing a Stipulation of Settlement with an employee of the Village of Pelham.
	Housekeeping	9:45 p.m.
13	Old Business/New Business – Request by COMPLUS Data Innovations to revisit clause for 90-day termination.
14	Minutes
15	Adjournment

* Agenda is subject to change until the night of the meeting.

MINUTES OF A MEETING OF THE

VILLAGE OF PELHAM BOARD OF TRUSTEES

VILLAGE HALL, 195 SPARKS AVENUE, PELHAM, NEW YORK

FEBRUARY 24, 2004

CONVENE MEETING

Mayor Michael J. Clain called the meeting to order at 8:05 p.m., and the pledge of allegiance followed.

The following members of the Board of Trustees (BOT) were present:

Mayor Michael J. Clain

Trustee Timothy Cassidy

Trustee Edward Hotchkiss

Trustee David Merrick

Trustee Michael Rozycki

Absent – Trustees Mia Homan and Michael Mutti

Village staff attending the meeting were:

Village Administrator Richard Slingerland

Village Attorney Robert Tracy

The first item on the agenda was the Mayor’s report by Mayor Clain, in which he updated the Board and the residents on a number of issues. These included the Fire Department’s report on the response for the house fire at Pelhamdale Avenue, the upcoming hearings on the Sandford Boulevard traffic proposals within the Village of Pelham; an update on the Engineering plans with regard to the sewer repairs at Elderwood Avenue at Boulevard and Colonial Avenue, at Maple Avenue, at Highbrook Avenue, and at Chestnut Avenue between Birch and Walnut. The Mayor mentioned the Village’s work with the Post Office, and our efforts to help them find an alternative to their proposed new location on First Street between 3^rd and 1^st Avenues, and read a letter into the record from Congresswoman Nita Lowey. Mayor Clain also stated that the Village would continue curbside spring leaf pickup starting as in the past on March 15th.

Trustee Rozycki reported on the status of the Requests for Proposals submitted to the Village with regard to the Engineering Flooding Remediation RFP. He mentioned that we are awaiting additional information from one of the engineering companies, and after we receive it that we can make a decision about the plan and the proposals received.

Trustee Hotchkiss reported that the Village would be working with a graduate class of students from Baruch College to re-design and improve the functionality of the Village of Pelham’s website.

	Public Hearing	8:00 p.m.
7	Enacting A New Chapter 68 Of The Pelham Village Code, With Regard To Regulations That Limit Noise Within The Village Of Pelham.
	Vehicles and Traffic	9:00 p.m.
8	Amending Village Code Chapter 90, Vehicles and Traffic, by increasing the “No Parking/Stopping/Standing”.area on Highbrook immediately north and south of Boulevard from 65 feet to 80 feet.
	Other Business	9:10 p.m.
9	Authorizing renewal of a Contract the for 2004 Stop-DWI Patrol Project Reimbursement with Westchester County.
10	Authorizing a Notice of a Public Hearing to be held on a draft Local Law with regard to Solid Waste (includes garbage, recycling and litter), to replace Chapters 57 on Litter and 70 on Recycling.
11	Authorizing a Certiorari Judgment and Settlement with regard to 629 5^th Avenue (Sanborn Map Building) for five (5) Tax Years.
12	Authorizing a Stipulation of Settlement with an employee of the Village of Pelham.
	Housekeeping	9:45 p.m.
13	Old Business/New Business – Request by COMPLUS Data Innovations to revisit clause for 90-day termination.
14	Minutes
15	Adjournment

Public Hearing

8:00 p.m.

Enacting A New Chapter 68 Of The Pelham Village Code, With Regard To Regulations That Limit Noise Within The Village Of Pelham.

February 17, 2004 Summary of Noise Law discussion:

Building Inspector Len Russo and Lieutenant Rocco DelGrosso

Suggestions: Add section on “Standards of Determination” § 68-25, stating:

1. That the noise was prohibited in Section 68-23, Prohibited Acts

2. That there is an established distance (define it) between the noise source and the source of the complaint.

Also: That the time; date; distance and degree of intensity of the noise were at such a level that they constituted a violation of the Noise Control Code.

* See attached memos from the Police Chief and Building Inspector, and letters from concerned residents.

FIRST DRAFT DATED 8/19 /03

RECIRCULATED 2-3-2004

LOCAL LAW NUMBER __ OF 2004

A LOCAL LAW enacting A New Chapter 68 Of The Pelham Village Code, With Regard To Regulations That Limit Noise Within The Village Of Pelham

Be enacted by the Board of Trustees of the Village of Pelham as follows:

Section 1

A new Article VI Noise Control of Chapter 68 of the Code of the Village of Pelham is enacted as follows:

Article VI

Noise Control

§68-21. Legislative Intent

Disturbing, excessive or offensive noises within the Village of Pelham are a detriment to the public health, comfort, convenience, safety, and welfare of the citizens. Every person is entitled to a environment in which disturbing, excessive or offensive noise is not detrimental to his or her life, health, or enjoyment of property. The law is not intended to be construed as to discourage the enjoyment by residents of normal, reasonable and usual activities.

§ 68-22. Definitions

Construction activity Any work necessary or incidental to the erection, demolition, assembling, altering, repairing, installing or equipping buildings, private roads, premises, utility lines or other property, including, but not limited to site preparation such as clearing and removal of trees, grading, earth moving, demolition, filling and landscaping, and excluding blasting, jack hammering, pile driving and rock crushing.

Holidays New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas

§ 68-23. Prohibited Acts

The operation or use of any organ, bell, chimes or other instrument, apparatus, or device by any other church, synagogue, or school licensed or chartered by the State of New York, provided such operation or use is on or within its own premises in connection with religious rites or ceremonies of such church or synagogue or in connection with a school program.

Sounds that public utilities generate by the installation and maintenance of the utilities.

Sounds connected with sporting events of any public or private school, athletic or country club or with special events or sports programs sponsored by Town of Pelham Recreation Department.

Where compliance with this article creates practical difficulties or unnecessary hardships, the Board of Trustees shall have the power to hear an application for a variance to modify the application of any of the provisions of this article so that the spirit of this chapter shall be observed, public health, safety and welfare secured and substantial justice done. Applications for a variance shall be made pursuant to Subsection D of this section.

The Board of Trustees shall grant a variance to the application of any provision(s) of this article only if it finds that:

3. The applicant has demonstrated good and sufficient cause for the granting of a variance. Such demonstration shall be founded upon a fair consideration of the circumstances present pertinent to the application, including but not limited to:

b. The nature and degree of observed deviation from prescribed standards that results from such use or activity.

d. The nature and cost of available measures that may be taken to mitigate the impact of such use or activity.

2. The applicant has shown unique or special circumstances or conditions, applying to the activity or to the use of land, property or facilities for which the variance is sought, which warrant the granting of a variance on the ground of practical difficulty or unnecessary hardship.

(3) The granting of a variance is necessary to enable the applicant to conduct the activity or use for which a variance is sought without unreasonable burden or restriction, and the variance as granted by the Board of Trustees is the minimum adjustment that will accomplish such purpose.

The variance will be in harmony with the general purposes and intent of this article, will not be injurious to the community or neighborhood or otherwise detrimental to the public health, safety or welfare and will not be in conflict with other laws of the Village.

4. The Board of Trustees, in deciding an application for a variance under this article, may limit the effective period of any variance granted and may impose upon the grant or operation of any variance such conditions in furtherance of the public interest as the Board of Trustees finds necessary and appropriate.

5. All such applications for a variance pursuant to this article shall be in writing on forms prescribed by the Board of Trustees, and each application shall refer to specific provisions of this article and shall exactly set forth the details of the variance applied for and the grounds on which it is claimed that the same should be granted. Any application for a variance shall also identify all practical steps which the applicant has taken to reduce the noise.

6. Notice of any hearing on a application for a variance shall be published by the Village in the official paper at least five days prior to the date of said hearing. The applicant shall mail by certified mail notice of the hearing to all abutting property owners and to all owners of property situated directly across a street from the property affected by such appeal. Proof of such mailing shall be submitted to the Board of Trustee by the applicant prior to the hearing. The applicant shall be responsible for the cost of publication and mailing of such notice.

7. The Board of Trustees shall conduct a public hearing on any application for a variance made pursuant to this article.

8. The Board of Trustees shall retain continuing jurisdiction over and with respect to any variance granted under this article, and it shall have the fullest powers and authority allowed by law to review, rehear, modify, reverse or annul, for good cause shown, any decision made with respect to an application for or the granting of a variance under this article. Review, reconsideration or action shall be taken after notice to the holder of the variance and a hearing.

1. Any neglect, failure or refusal to comply with any provision of this article shall be deemed a violation thereof.

2. Anyone who commits or is an accessory to the commission of a violation of this article shall be subject to the penalties set forth in Section 1-12 of Code of the Village of Pelham.

3. Nothing in this Chapter shall be construed as depriving the Village of Pelham or its Board of Trustees of any other available remedy.

Section 42-4(E) of the Code of Village of Pelham is repealed, and sections 42-4 (F), (G),and (H) are renamed Sections 42-4(E), (F) and (G) respectively.

This local law shall take effect upon its adoption and filing with the Secretary of State.

________, 2004
After discussion and on the motion of Trustee Rozycki, seconded by Trustee Merrick, the following resolution was adopted by the Board of Trustees of the Village of Pelham by vote of five in favor, none opposed, as follows:

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby enacts a change to the Pelham Village Code Chapter 90, Sections § 90-49, 50 and 51.

approximately 80 feet west thereof and from Highbrook Avenue to a point approximately 80 feet east thereof.

AND BE IT FURTHER RESOLVED, that the Village Clerk and the Village Administrator are authorized to take the necessary and appropriate actions to effect this change to the Village Code, including filing with General Code Publishers and notification to the UFSD of the Pelhams.

I, Deborah DelGrosso Village Clerk of the Village of Pelham, located in Westchester County, New York, hereby certify that the above resolution is a true and correct copy of a resolution duly adopted at a Regularly Scheduled Meeting of the Board of Trustees of the Village of Pelham, located in the County of Westchester, New York, held in Village Hall, 195 Sparks Avenue, Pelham, New York, at 8 p.m. on Tuesday, February 24, 2004, at which meeting a quorum was present and participating. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Pelham, this 25^th day of February, 2004.

Deborah DelGrosso, Village Clerk
After discussion and on the motion of Trustee Merrick, seconded by Trustee Rozycki, the following resolution was adopted by the Board of Trustees of the Village of Pelham by vote of five in favor, none opposed, as follows:

RESOLUTION

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorizes the Mayor to execute the agreement between the Village of Pelham and Westchester County for the Stop-DWI Patrol Project Reimbursement Contract; and

BE IT FURTHER RESOLVED, that the Mayor, the Village Administrator, the Village Attorney and the Police Chief are authorized to take the necessary and appropriate actions to effect this agreement.

After discussion and on the motion of Trustee Merrick, seconded by Trustee Rozycki, the following resolution was adopted by the Board of Trustees of the Village of Pelham by vote of five in favor, none opposed, as follows:

RESOLUTION

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby calls for a public hearing on the following proposed local law to be held at 8 p.m. on Tuesday, March 16, 2004, in Village Hall at 195 Sparks Avenue, Pelham, on a Local Law, the title of which is as follows:

A PROPOSED LOCAL LAW pertaining to solid waste and recycling in the Village of Pelham.

Anyone wishing to be heard on this matter should be present at the above stated time and place. A copy of the proposed Local Law is available at Pelham Village Hall, 195 Sparks Avenue, Pelham, New York, during normal business hours of 8 a.m. to 5 p.m.

Deborah DelGrosso, Village Clerk
After discussion and on the motion of Trustee Hotchkiss, seconded by Trustee Merrick, the following resolution was adopted by the Board of Trustees of the Village of Pelham by vote of five in favor, none opposed, as follows:

FOR ASSESSMENT YEARS 1998 THROUGH 2003

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby ratifies the Court Order and Judgment for 629 5^TH Avenue, known as Tax Lot 159.69 Block 1 Lot 1 for Assessment Years 1998 through 2003 and Tax Years 1999-2000 through 2003-2004, in the total amount of ten thousand nine-hundred seventy-three dollars and thirty eight cents ($10,973.38), and authorizes the Mayor, Village Administrator/ Treasurer, Assessor and Counsel to take the necessary and appropriate actions to effect this Court Order and refund these taxes.

Deborah DelGrosso, Village Clerk
After discussion and on the motion of Trustee Rozycki, seconded by Trustee Cassidy, the following resolution was adopted as amended by the Board of Trustees of the Village of Pelham by vote of five in favor, none opposed, as follows:

RESOLUTION

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes a stipulation of settlement for an employee of the Village of Pelham with regard to a confidential personnel matter as put forth by J. Lovett, Esq., by letter dated January 27, 2004; and

BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes a stipulation of settlement for an employee of the Village of Pelham with regard to a confidential personnel matter as put forth by E. Stolzer, Esq., by letter dated December 11, 2003; and

BE IT FURTHER RESOLVED, that the Mayor, the Village Administrator and such other village officials as are appropriate are hereby authorized to effect the terms of this stipulation and settlement, which shall be maintained in a confidential manner.

Deborah DelGrosso, Village Clerk
After discussion and on the motion of Trustee Cassidy, seconded by Trustee Merrick, the following resolution originally adopted February 3, 2004, was re-adopted as amended by the Board of Trustees of the Village of Pelham by vote of five in favor, none opposed, as follows:

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the renewal of an agreement between the Village of Pelham and Complus Data Innovations of Elmsford, NY, for Complus to continue to provide the Village of Pelham with Parking Ticket Management Services, per the agreement provided by Complus Data Innovations of Elmsford, NY (attached hereto and made a part hereof); and

BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Pelham authorizes the agreement to allow for the additional service of web-based payments, to allow violators to view and pay their parking tickets online via credit card, which will allow the Village to receive more rapidly its payments for tickets to the Village of Pelham.

BE IT RESOLVED, that the term of the agreement shall be for two (2) years period commencing immediately and terminating on January 31, 2006; and

BE IT FURTHER RESOLVED, that the Mayor is authorized to sign this agreement and the Mayor, the Village Administrator/Treasurer and the Village Attorney are authorized to take all necessary and appropriate actions to effect this agreement.